76-3-203.10 - Violent offense committed in presence of a child -- Penalties.
76-3-203.10. Violent offense committed in presence of a child -- Penalties.
(1) As used in this section:
(a) "In the presence of a child" means:
(i) in the physical presence of a child younger than 14 years of age; and
(ii) having knowledge that the child is present and may see or hear the commission of aviolent criminal offense.
(b) "Violent criminal offense" means any criminal offense involving violence or physicalharm or threat of violence or physical harm, or any attempt to commit a criminal offenseinvolving violence or physical harm that is not a domestic violence offense as defined in Section77-36-1.
(2) A person commits a violent criminal offense in the presence of a child if the person:
(a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201,against a third party in the presence of a child;
(b) intentionally causes or attempts to cause serious bodily injury to a third party or usesa dangerous weapon, as defined in Section 76-1-601, or other means or force likely to producedeath or serious bodily injury, against a third party in the presence of a child; or
(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),commits a violent criminal offense in the presence of a child.
(3) A person who violates Subsection (2) is guilty of a class B misdemeanor.
Enacted by Chapter 359, 2010 General Session